Should You File A Bid Protest? Part 2
In this article we will continue to discuss the common reasons contractors and construction firms protest winning bidders. There are many factors to look out for, and we recommend that you seek the counsel of your St. Petersburg construction attorney before filing a bid protest. In the first half of this article we discussed looking out for winning bidders that were irresponsible or unresponsive. In this half, we will go over what bid mistakes to look out for, as well as any concerns you might have about a winning bidder’s relationship with bid evaluators. To view the first half of this article, please visit Part 1.
Bid Mistakes That Should not be Present in the Application or During Scoring
There should be no mistakes or inconsistencies present during the bid solicitation period, on the bid application, or during the scoring process. During a construction bid, every bidder should be given the same information with no variations and it’s up to each bidder to provide the correct information on their application. Below are a few examples of common mistakes we see, and if any of these occur during the bidding process, the bidder should be disqualified.
- Incorrect math
- Wrong scope of work provided
- Parts of the application missing
During the scoring process, the bid will be awarded based on a numerical value that’s given during the evaluation period. The bidder with the highest or lowest score should be deemed the winner of the contract. However, if there is an error during the evaluation process, that is grounds for a bid protest.
Inappropriate Relationships with Bid Evaluators
It’s extremely important in the bidding process that the selection committee assigned to evaluate the bids are impartial in their decision making. If you see any favoritism from a committee member towards another bidder, or bias against them, it should be reported. A bid protest is completely warranted if the bidder was chosen due to a friendly relationship with a member of the selection committee. The same goes for if a contractor is not picked due to a selection committee member holding grudge towards them.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.